CITY OF DOVER – ORDINANCE
CITY OF DOVER
Ordinance Number:
Ordinance Title:
Chapter:
Posted September 23, 2014
Adopted _________, 2014
O – 2014.__.___
Updating the Dover Zoning Ordinance
170
The City of Dover Ordains:
1. PURPOSE
The purpose of this ordinance is to amend Chapter 170 of the Code of the City of Dover,
entitled Zoning, by updating the Code to create a new zoning district for one of the City’s
oldest residential neighborhoods which has a unique architectural heritage. The
regulations are tailored to provide dimensional and use regulations that are consistent
with the neighborhood’s existing conditions, and to provide design standards for new
construction to support the neighborhood’s heritage.
2. AMENDMENT
Chapter 170 of the Code of the City of Dover, entitled Zoning, is hereby amended by
revising the official Zoning Map of the City of Dover, referred to in Section 170-8 of said
Chapter as follows:
“The official Zoning Map of the City of Dover, New Hampshire, dated December 9,
2009, is amended by changing from Urban Density Multi-Residential (RM-U) District to
Heritage Residential (HR) District an area of approximately 70.9 acres located along
Silver Street, Summer Street, Fisher Street, Elm Street, Locust Street, Spring Street,
Trakey Street, Hamilton Street, Belknap Street, Cushing Street, Lexington Street, West
Concord Street, Richmond Street, Washington Street, and Trask Drive, consisting of lots
10-22, 10-23, 10-24, 10-25, 10-26, 10-27, 10-28, 10-29, 10-29A, 10-30, 10-31, 10-32,
10-33, 10-35, 10-35A, 10-36, 10-37, 10-38, 10-39, 10-57, 10-58, 10-59, 10-60, 10-78,
10-79, 10-80, 10-81, 10-82, 10-83, 10-84, 10-85, 10-86, 10-86A, 10-87, 10-88, 10-104,
10-105, 10-106, 10-107, 10-108, 10-109, 10-110, 10-111, 10-112, 10-113, 10-114, 10115, 10-116, 10-117, 10-118, 10-118A, 10-119, 10-120, 10-121, 10-122, 10-123, 10-124,
10-125, 10-126, 10-127, 10-128, 10-129, 10-130, 10-131, 10-132, 10-133, 10-134, 10135, 10-136, 10-137, 10-138, 10-139, 10-140, 10-141, 10-142, 10-143, 10-144, 10-145,
10-146, 10-147, 10-147A, 10-148, 10-149, 10-149A, 10-150, 10-158, 10-159, 10-160,
10-165, 10-166, 10-167, 10-168, 10-169, 10-169A, 10-170, 10-172, 10-173, 10-174, 10175, 10-176, 10-177, 10-178, 10-179, 10-180, 11-5, 11-6, 11-7, 11-8, 12-7, 12-8, 12-9,
12-10, 12-11, 12-12, 12-13, 12-14, 12-15, 12-16, 12-17, 12-17A, 12-18, 12-19, 12-22,
12-23, 12-24, 12-31, 12-32, 12-33, 12-35, 12-36, 12-37, 12-38, 12-39, 12-40, 12-41, 1242, 12-43, 12-44, 12-45, 12-46, 12-47, 12-48, 12-49, 12-50, 12-51, 12-52, 12-53, 12-54,
12-55, 12-56, 12-57, 12-58, 12-59, 12-60, 12-61, 12-62, 12-63, 12-64, 12-65, 12-66, 1267, 12-68, 12-69, 12-70, 12-71, 12-72, 12-73, 12-74, 12-75, 12-76, 12-77, 12-78, 12-79,
12-80, 12-82, 12-83, 12-84, 12-84A, 12-85, 12-86, 12-87, 12-88, 12-89, 12-89A, 12-90,
12-91, 12-92, 12-93, 12-94, 12-95, 12-96, 12-97, 12-98, 12-99, 12-100, 12-101, 12-102,
12-103, 12-104, 12-105, 12-106, 12-107, 12-108, 12-108A, 12-109, 12-110, 12-111, 12Document Created by: Planning Department
Document Posted on: September 23, 2014
Heritage Zoning Amendment
Page 1 of 4
CITY OF DOVER – ORDINANCE
CITY OF DOVER
Ordinance Number:
Ordinance Title:
Chapter:
Posted September 23, 2014
Adopted _________, 2014
O – 2014.__.___
Updating the Dover Zoning Ordinance
170
112, 12-112A, 12-112B, 12-113, 12-114, 12-114A, 12-115, 12-116, 12-117, 12-118, 12119, 12-120, 12-121, 12-122, 12-123, 12-124, 12-125, 15-40A*, 15-44, 15-45, 15-46, 1546A, 15-47, 15-48, 15-49, 15-50, 15-51*, 15-52, 15-108, 15-109, and 15-110”
* = only that portion of the lot within the RM-U District will be affected.
AND
“The official Zoning Map of the City of Dover, New Hampshire, dated December 9,
2009, is amended by changing from Medium Density Residential (R-12) District to
Heritage Residential (HR) District an area of approximately 22.1 acres located along
Silver Street, Towle Avenue, Clifford Street, Fisher Street, Parker Street, Woodman Park
Drive, Rutland Street, and West Concord Street, consisting of lots 10-161, 12-127, 12128, 12-129, 12-130, 12-130A, 12-131, 12-131A, 12-132, 12-133, 12-134, 12-135, 12136, 12-137, 12-138, 12-139, 12-140, 12-140A, 12-140B, 12-141, 12-141A, 12-141B,
12-141C, 12-142, 12-143, 12-144, 12-144A, 12-145, 12-146, 12-147, 12-147A, 12-148,
12-149, 12-151, 12-152, 12-153, 12-154, 12-155, 12-156, 12-157, 12-158, 12-159, 12160, 13-1, 13-2, 13-3, 13-30, 13-31, 13-32, 13-33, and 13-3A.”
3. AMENDMENT
Chapter 170 of the Code of the City of Dover, entitled Zoning, is hereby amended by
revising Chapter 170-7 “Establishment of Districts”, subsection A. “Districts”, by adding
“Heritage Residential District (HR)” to the list of Residential Districts.
AND
Chapter 170 of the Code of the City of Dover, entitled Zoning, is hereby amended by
revising Chapter 170-7 “Establishment of Districts”, by revising subsection B. “District
Purpose Statements,” subsection (1) “Residential Districts”, by adding the following new
subsection:
(f) Heritage Residential District (HR)
These primarily residential neighborhoods surrounding the Silver Street area exhibit a
rare collection of interesting architecture. While primarily Victorian and characterized by
wide porches, bay windows, steep roofs, and intricate and involved woodwork, there are
noteworthy Colonial buildings as well. In both instances their original occupants were
likely community leaders, whether early tavern keepers, or later senior managers and
foremen from the mill facilities that lined the Cochecho River, as well as other
community professionals.
Document Created by: Planning Department
Document Posted on: September 23, 2014
Heritage Zoning Amendment
Page 2 of 4
CITY OF DOVER – ORDINANCE
CITY OF DOVER
Ordinance Number:
Ordinance Title:
Chapter:
Posted September 23, 2014
Adopted _________, 2014
O – 2014.__.___
Updating the Dover Zoning Ordinance
170
The common theme through all of these designs is both the massing and the placement of
these structures in a manner that is compatible with what had gone before. It is the intent
that in this district new construction, replacement construction, and new additions should
continue that tradition of compatibility with the existing neighborhood.
4. AMENDMENT
Chapter 170 of the Code of the City of Dover, entitled Zoning, is hereby amended by
revising Chapter 170-12 “Applicability of Tables of Use and Dimensional Regulations By
District”, by adding a new Heritage Residential District Table that reads as follows:
[SEE TABLE AT END OF DOCUMENT]
5. TAKES EFFECT
This ordinance shall take effect upon passage and publication of notice as required by
RSA 47:18.
AUTHORIZATION
Approved as to Funding:
Daniel R. Lynch
Finance Director
Sponsored by:
Approved as to Legal Form:
Anthony Blenkinsop
City Attorney
Recorded by:
Karen Lavertu
City Clerk
DOCUMENT HISTORY:
First Reading Date:
Approved Date:
Public Hearing Date:
Effective Date:
DOCUMENT ACTIONS:
VOTING RECORD
Date of Vote:
Mayor Karen Weston
YES
Document Created by: Planning Department
Document Posted on: September 23, 2014
Councilor William Garrison
City Council Planning Board
Representative, and Councilor
Deborah Thibodeaux
NO
Heritage Zoning Amendment
Page 3 of 4
CITY OF DOVER – ORDINANCE
CITY OF DOVER
Ordinance Number:
Ordinance Title:
Chapter:
Posted September 23, 2014
Adopted _________, 2014
O – 2014.__.___
Updating the Dover Zoning Ordinance
170
Deputy Mayor Robert Carrier
Councilor John O’Connor, Ward 1
Councilor William Garrison, Ward 2
Councilor Deborah Thibodeaux, Ward 3
Councilor Dorothea Hooper, Ward 4
Councilor Catherine Cheney, Ward 5
Councilor Jason Gagnon, Ward 6
Councilor Anthony MacManus, At Large
Total Votes:
Resolution does | does not pass.
ORDINANCE BACKGROUND MATERIAL:
The City of Dover was awarded $10,000 by New Hampshire Housing through a competitive
grant process to examine the zoning regulations for the residential neighborhoods surrounding
Silver Street. The project was an offshoot of the 2013 Gateway Rezoning Study which resulted
in the rezoning of portions of Broadway, Portland Avenue, and Central Avenue to the Central
Business District. As part of the Gateway Rezoning Study, the Planning Board considered
rezoning Silver Street, however, residents at the public hearing on the amendments expressed
concern that this would detract from the residential character of Silver Street, rather than
enhancing it. Instead, it was suggested that the City take a broader view and examine not just the
zoning along Silver Street, but to also consider the surrounding neighborhoods.
Based on this feedback, the Planning Department and the City’s consultant, Jeffrey H. Taylor
and Associates, worked over the course of several months to identify the areas around Silver
Street which share a common heritage and which could benefit from a single zoning district
designed to support and enhance their character. Based on data obtained from on the ground
inventories, staff prepared draft zoning regulations specifically tailored for these neighborhoods.
In order to engage residents and property owners in the preparation of the draft regulations, staff
undertook substantial public outreach including mailings to all residents and business owners
within the study area, and conducted three neighborhood meetings in April, June, and July to
review and revise the draft zoning regulations and to develop consensus.
Document Created by: Planning Department
Document Posted on: September 23, 2014
Heritage Zoning Amendment
Page 4 of 4
Heritage Residential (HR) District
DRAFT
Adopted: __________by Ord. No. 2014-____________
Dimensional Regulations* [1] [2]
Permitted Uses***




ACCESSORY DWELLING UNIT
ADULT DAY CARE
CHILD CARE HOME
Conversion of Existing Dwelling to Accommodate
not more than 2 units [5]
LOT
Minimum LOT Size
Maximum LOT Coverage
Minimum FRONTAGE
PRINCIPAL BUILDING***
Front BUILD TO LINE
Abut a Street SETBACK
Side SETBACK
Rear SETBACK

CUSTOMARY HOME OCCUPATION

Dwelling, 2 Family [5]

DWELLING, SINGLE FAMILY



FARM ANIMALS FOR FAMILY USE, for non-commercial purposes, on lots containing a one or two family dwelling [6]
PUBLIC RECREATION
Public Utility [7]

ROADSIDE FARM STAND [8]
10,000 sf
40%
80 ft
[3]
[3]
15 ft
30 ft
OUTBUILDING/ACCESSORY USE***
Front SETBACK
Abut a Street SETBACK
Side SETBACK
Rear SETBACK
[4]
[4]
10 ft
10 ft
HEIGHT OF BUILDING
***See reverse side for architectural standards.
PRINCIPAL BUILDING
OUTBUILDING
24 ft min**, 40 ft max
40 ft max
*Deviations from these requirements are permitted by Conditional
Use Permit, subject to the requirements of Section 170-20.B(1).
Uses Permitted by Conditional Use Permit***







BED AND BREAKFAST (permitted on Silver Street only)
CHILD CARE FACILITY
Conversion of Existing Dwelling to Accommodate
not more than 4 units
Dwelling, 3 to 4 Family
ELDERLY ASSISTED CARE HOME
GROUP HOME FOR MINORS
OFFICE
***See reverse side for architectural standards.
Sign Regulations
Size
Total signs permitted
Total area permitted
HR District
1
PROJECTING
WALL/ Awning
Temporary
Principal Building Placement
15’ min setback
at sides
30’ min setback
at rear
build to
at front =
average
+/- 5’
8 sf
(CUSTOMARY HOME OCCUPATION SIGN 2 sf max)
Type
FREESTANDING
**The minimum principal building height shall not apply to additions
constructed onto the rear of the PRINCIPAL BUILDING, except that
where the addition will be closer to either side lot line than the
existing PRINCIPAL BUILDING, the addition shall be located no closer
than 45 ft from the front lot line.
permitted
Porch setback =
front facade + 5’
(10 ft setback required)
permitted
not permitted
not permitted
Heritage Residential (HR) District Regulations Summary
NOT TO SCALE
build to at abut a
street = average +/- 5’
1 of 2
Heritage Residential (HR) District
DRAFT
Adopted: _________ by Ord. No. 2014-____________
Footnotes
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
Refer to 170-13 and 170-14 for exceptions to lot size, frontage and setback requirements.
All land containing wetlands shall not be counted in determining the
gross land area of a lot for the purposes of minimum lot size or minimum
density requirements for residential uses. The minimum non-wetland
portion of any newly created lot shall be contiguous. For the purposes of
this calculation, wetlands shall include areas that meet the definition of
wetland in the NH Code of Administrative Rules – Wt. 101.87 and the
1987 Federal Manual For Identifying Jurisdictional Wetlands. Wetland
buffers shall only be allowed to count for 40% of the min lot size required.
The property owner shall calculate the average front setbacks of all lots
within the same zone located on the same side of the street, 250 feet in
each direction from the center of the front lot line. This front setback
dimension shall be considered to be a build to line. Structures may be
constructed within five (5) feet plus or minus of the average. Porches or
steps may be located an additional five (5) feet beyond the front façade
of the structure.
Accessory structures must be setback at least 20 feet from the average
front setback of all lots within the same zone located on the same side of
the street, 250 feet in each direction from the center of the front lot line.
2 family dwellings shall be designed to look like SINGLE FAMILY DWELLINGS (i.e. the 2 family dwelling should not look like it was designed to
occupy more than one family). At a minimum, this shall mean that only
one entrance shall be visible from a public street.
Use is allowed on the portion of the lot that is behind the principal structure, provided the following standards are met: Chickens: No more than
six (6) chickens and no roosters, with three (3) square feet of chicken
coop and twenty (20) square feet of a fenced enclosure yard per chicken;
all coops and enclosures shall be twenty (20) feet from any property line.
Sheep or goats: one animal per 10,000 square feet of lot area, with a
maximum of six (6) animals; ten (10) square feet of shelter and thirty (30)
square feet of a fenced enclosure yard per animal; all shelters and enclosures shall be thirty (30) feet from any property line.
The utility facility shall be appropriately fenced to protect the public.
Landscaping materials shall be required to provide a visual screen from
any structures and storage within.
ROADSIDE FARM STANDS shall be set back a minimum of twenty (20) feet
from all abutting vehicular rights-of-way. The area of any BUILDING associated with the ROADSIDE FARM STAND shall not be greater than two
hundred (200) square feet in area, and shall be considered an accessory
structure if a residence is also located on the property. The total of the
display area, including the building, shall not exceed four hundred (400)
square feet. Off-street parking shall be provided in the amount of one (1)
off-street parking space per 250 square feet of display and building area,
and all required parking spaces shall have safe access to and from a public
street. A certificate of use issued by the Zoning Administrator and a driveway permit shall be required in all cases.
Conditional Use Permit Criteria
The requirements of 170-20.B(2) and (3) shall apply to all uses permitted by
Conditional Use Permit, in addition to the requirements set forth below.
CHILDE CARE FACILITY: CHILD CARE FACILITIES shall be subject to the requirements set forth in the “CHILD CARE FACILITY” definition, Chapter 170-6.
Conversion to, or creation of Dwelling, 3-4 Family: Three- or four-family dwellings and conversions of existing dwellings to three (3) or four (4) units shall be
subject to the following regulations:
A. The specific site must have an amount of open space, either landscaped
or left natural, at least equal to the average amount of open space on all
developed lots in the HR District that are wholly or partly within two
hundred (200) feet of the subject parcel. Existing parking areas, either
gravel, paved or unpaved, shall not be considered to be open space.
B. Off-street parking, in accordance with Chapter 149, Site Review, shall be
provided as to avoid vehicles backing into the street. Two (2) parking
spaces per unit shall be required.
C. Parking lots shall be at least five (5) feet from a side property line and ten
(10) feet from a front property line.
D. Parking areas shall be screened from the street and from abutting lots.
E. Structures shall be at least twenty (20) feet from a front property line,
thirty (30) feet from a rear property line and fifteen (15) from a side property line unless abutting a street, in which case, the distance from the
side property line shall be twenty (20) feet.
F.
For new construction, the building must be designed to look like a SINGLE
FAMILY DWELLING. At a minimum, this shall mean that only one entrance
shall be visible from a public street. For conversions, the building must
retain its appearance as a SINGLE FAMILY DWELLING or a 2 family dwelling, whichever is the current use.
ELDERLY ASSISTED CARE HOME: ELDERLY ASSISTED CARE HOME is allowed in
accordance with the densities and provisions stated below:
A. ELDERLY ASSISTED CARE HOMEs larger than 6 bedrooms are permitted at
a density of one bedroom per 2,500 square feet
B. Parking and service areas are screened from abutting residential uses.
C. Notwithstanding the above requirements, the maximum number of bedrooms and residents allowed in a facility may be increased provided the
increase is found not to be detrimental to the surrounding properties and
conforms with parking standards in Chapter 170-44 (Off Street Parking).
Furthermore, any increase to an existing structure must be contained
within or contiguous to the original structure.
GROUP HOME FOR MINORS: GROUP HOME FOR MINORS shall be subject to
the following conditions:
A. The group home site shall be compatible with abutting uses.
B. The group home shall be located in areas of transitional land use or mixed
land uses.
C. Parking and service areas shall be screened from abutting residential
uses, unless the abutter chooses to not want said screening.
D.
Open space shall be maintained on the property in an amount comparable to the neighborhood.
Applicants for new construction and applicants for any use permitted by
E. The planned occupancy of the group home shall be compatible with the
Conditional Use Permit shall demonstrate compliance with the Heritage
permitted density of the surrounding neighborhood.
Residential District Architectural Design Guidelines, available at the offices
Hours of operation shall be limited to 6 am to 9 pm Sunday – Thursday,
of the Department of Planning and Community Development and on-line F.
and 6 am to 10 pm Friday and Saturday.
on the City of Dover webpage. The Guidelines are not required for renovations of existing buildings, additions to existing buildings, or ACCESSORY
STRUCTUREs.
Additions to existing buildings shall be designed and constructed in the
same architectural style and with the same or similar exterior materials as
the existing building and at a HEIGHT not taller than the existing building.
New construction ACCESSORY STRUCTUREs shall be designed and constructed in the same architectural style and with the same or similar
exterior materials as the existing building and at a HEIGHT not taller than
the existing building.
Deviations from these requirements are permitted by Conditional Use
Permit, and are subject to the requirements of Section 170-20.B(1).
Architectural Standards
A.
B.
C.
D.
Heritage Residential (HR) District Regulations Summary
2 of 2
CITY OF DOVER
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Heritage Residential District Architectural Design Guidelines
The goal of the Heritage Residential District is to recognize, celebrate, and enhance the heritage of
this area, in part by promoting architecture with a strong sense of place, fine detailing, quality
materials, and designed with the site context and adjacent development in mind. To that end, the
standards set forth below shall apply in the Heritage Residential District. Deviations from these
standards are permitted by Conditional Use Permit.
A.
General
(1)
B.
Design Elements
(1)
C.
A minimum of ten (10) of the twenty-six (26) design elements set forth in Appendix
A shall be utilized for new construction.
Windows
(1)
(2)
D.
Applicants for new construction shall refer to the Dover Historic Preservation Guide
(June, 1991) for examples of architecture and design that is fitting for the Heritage
Residential District. This document is available for viewing on the Planning
Department webpage and at the offices of the Planning Department and Inspection
Services, and is intended to serve as a guide to help encourage and inspire thoughtful
and attractive development.
Horizontal windows are not permitted on the front façade of the building.
Windows must be divided by multiple, vertical panes of glass.
Roof Design
(1)
(2)
Sloped roof structures must maintain a pitch between 9:12 minimum (not including
mansard roofs, dormers, entry canopies or similar elements).
Buildings with sloped roofs shall provide roof overhangs between six (6) and
eighteen (18) inches deep.
Last Updated: August 26, 2014
E.
(3)
Sloped roofing is required unless a mansard style roof is provided.
(4)
Skylights and roof vents are permitted only on the roof plane opposite the primary
street or when shielded from the street view by the building’s parapet wall.
Principal Building Entrances
(1)
(2)
F.
Principal building entrances shall be clearly visible from the street.
The building must contain one more of the following: covered porch, canopy, or
other recessed front entry area.
Mechanical Equipment
(1)
(2)
(3)
Air compressors, mechanical pumps, exterior water heaters, water softeners, utility
and telephone company transformers, meters or boxes, garbage cans, dumpsters,
storage tanks, and the like shall not be stored or located within any area considered a
front yard or street frontage. All such equipment shall be screened by use of fencing
and/or landscaping.
Roof-mounted mechanical equipment shall be located so as not to be visible from
the street, public open space, parking areas, or from the ground level of adjacent
properties. Screening features shall utilize similar building materials and forms to
blend with the architectural character of the building.
Locate and screen utility meters, electrical conduit, and other service and utilities
apparatus so as not to be visible from adjoining and nearby streets and minimize
visual impacts from private internal streets, open spaces, and pedestrian walk.
Last Updated: August 26, 2014
APPENDIX A

Steeply pitched roof

Bay Windows

Dentils


Gables

Pediment

Lintels

Portico

Transom

Round, square, or polygonal
Turret

Deep eave overhangs
Classical Columns

Dormers

Clapboard Siding

Entablature

Cornice

Asymmetrical façade

Dominant front-facing gable,
often cantilevered out beyond the
plane of the wall below




Differing wall textures, such as
patterned wood (or simulated
wood) shingles or shaped into
varying designs, including
resembling fish scales, terracotta
tiles, relief panels, or wooden
shingles over brickwork, etc.

Spindle work

Ornamental chimney

Balustrade

Wooden (or simulated wooden)
roof, or slate (or simulated slate)
roof

Wooden (or simulated wood)
fence in front yard
Porch covering part or all of the
front façade
Second-story porch or balcony
Pedimented porch
Last Updated: August 26, 2014
Heritage Residential District
CHURCH
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HAN
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LOCUST ST
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Prepared by the Department of Planning and Community Services
August 26, 2014